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HomeMy WebLinkAboutResolutions - R-89-26 - 11/02/1989 - Minority Business EnterpriseRESOLUTION NO. R-89-26 A RESOLUTION ADOPTING A MINORITY BUSINESS ENTERPRISE (MBE) PLAN ESTAB- LISHING GOALS AND PROCEDURES FOR THE PARTICIPATION OF MINORITY- AND WOMEN -OWNED BUSINESSES IN COMMUNITY DEVELOPMENT ASSISTANCE PROGRAM (CDAP) AND OTHER GRANTS-IN-AID PROJECTS WHEREAS, the City was awarded a CDAP grant for the extension of its water and sewer systems for an economic development project by the Illinois Department of Commerce and Community Affairs (DCCA); and WHEREAS, CDAP is a federally funded program established by the Housing and Community Development Act of 1974, as amended; and WHEREAS, federally assisted projects are governed by Executive Order 11625 and 11246, Title VI of the Civil Rights Act of 1964 and OMB Cir- cular A-102 in terms of equal employment opportunity, affirmative action and procurement standards for recipients of federal grants-in- aid; and WHEREAS, in keeping with these laws and regulations, it is the goal of the State of Illinois to expand the participation of minority- and women -owned businesses in projects funded under CDAP and other such programs and is encouraging grantees to follow through with this goal in their project execution; and WHEREAS, DCCA monitors each grantee's progress in promoting expanded minority business enterprise opportunities; and WHEREAS, in order to fulfill the state's MBE goals and to satisfy the CDAP/DCCA requirements, an MBE Plan has been developed; NOW THEREFORE BE IT RESOLVED by the City Council that the attached MBE Plan be adopted as the City's official policy regarding the utilization of MBEs in its CDAP grant project and other such projects, as applicable, that may manifest themselves in the future; and BE IT FURTHER RESOLVED that this resolution shall be in full force and effect from and after its passage in accordance to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, COUNTY OF MCHENRY, STATE OF ILLINOIS, AND APPROVED BY ITS MAYOR THIS 2nd DAY OF November , 1989, A.D. APPROVED: zz Al *d- William J.B se, Mayor CERTIFIED: Barbars E. Gilpin, Clerk City of McHenry NUMITY BUSINESS BNTRBPRISE (MBE) PLAN PREFACE This Plan has been prepared in response to the requirements of the Illinois Depart- ment of Commerce and Community Affairs (DCCA) for providing full opportunity to the state's minority- and women -owned businesses to participate in financial assistance programs made possible by the Department. This Plan endeavors to embody the spirit of the various federal executive orders, laws and regulations and management circu- lars that set forth goals and principles regarding equal employment opportunity and participation in federally assisted projects. SECTION I A. Premise The City has received financial assistance from DCCA for a community improvement project. The grant is an allocation from funds received by the state and dis- tributed under the Community Development Assistance Program (CDAP), which is funded by the U.S. Department of Housing and Urban Development (HUD) as author- ized by the Housing and Community Development Act of 1974, as amended. The pro- gram is subject to Title VI of the Civil Rights Act of 1964, Executive Orders 11625 and 11246 and OMB Circular A-102. It is the goal of DCCA to expand parti- cipation of minority- and women -owned businesses in grant projects its CDAP grantees are undertaking. Beyond the listed federal equal employment opportuni- ty (EEO) provisions, the state has phased in requirements that will establish actual affirmative action steps through locally adopted plans and policies. Pub- lished guidelines for promoting MBE participation in CDAP projects provide the basis for this Plan. B. Purpose and Scope An MBE Plan is intended to establish goals and procedures for the CDAP grantee to follow in its efforts to provide equal procurement and contracting opportunities. Specific steps are outlined in this Plan that, when followed, will provide genu- ine affirmative action in bidding and contracting procedures for CDAP projects. The Plan will have been enacted by the governing body, thereby giving the Plan status as official municipal policy. Unless modified by operation of law, the Plan will apply to all municipal projects in which equal opportunity compliance is the locality's responsibility. The Plan will not apply to any grant or loan program in which the responsibility for equal opportunity compliance belongs to the state or federal agency providing the financial assistance. This Plan will apply to construction contracts and subcontracts in excess of $10,000 in value and the procurement of goods and services in excess of $10,000 to which competi- tive bidding procedures apply. SECTION II A. Goals It is the community's goal to provide opportunities to minority- and women -owned businesses to participate in its grant and/or loan projects by actively seeking their involvement. This effort will be undertaken to the maximum extent feasible MBE Plan Page 2 and will reflect both the community's minority population percentage and the availability of qualified firms in the immediate metropolitan areas. It is not the goal of the community to give preferential treatment to minority businesses in the competitive bidding process, but it is the goal to provide assistance where possible for such a firm to compete fairly in the bidding and contracting processes. B. Procedures The following procedures as individually deemed appropriate on a case -by -case basis shall govern contracts and purchases that exceed $10,000 in value and to which competitive bidding procedures apply and which fall under the jurisdiction of this Plan. At a minimum, procedure numbers 3, 6, 7d and 8 shall be implemen- ted. The Procedures are: 1. Contracts will be broken down into small parts where economically feasible and when such a measure proves to be a more cost-effective approach; 2. Prorated payment and delivery schedules will be established in order to mini- mize cash flow problems faced by the firm; 3. Providing firms with the opportunity to obtain information concerning the reasons their bids were unsuccessful and an opportunity to review the success- ful bid; 4. Working closely with financial institutions, insurance and bonding companies and prime contractors in an effort to alleviate financial barriers for partici- pation by MBEs (e.g. encouraging prime contractors to provide bonding for their subcontractors and allowing the utilization of stage bonding, that which is carried over from one project to another; 5. Place all bid notices in major newspapers, trade association publications and MBE -focused media and include appropriate MBEs on the mailing lists for bid notifications; 6. Provide prime contractors with a list of MBEs apparently possessing the capa- bility to subcontract, if such a list is requested by the contractor; 7. Require that a prime contractor document the steps it has taken to obtain MBE participation, including such actions as: a. Notifying MBEs that their interest in the contract is solicited; b. Selecting portions of the work where feasible to be performed by MBEs in order to increase the likelihood of their participation; c. Providing names, addresses and telephone numbers of MBEs contacted, if a list has been provided the contractor; d. Publishing subcontracting opportunity notices in area newspapers and other customary media that announces the availability of subcontracts to MBEs. 8. Provide technical assistance to MBEs in completion of certifications and other forms contained in the bid/contract packet. SECTION III C. Adoption This Plan was adopted by the City Council on the 2nd day of November 1989. The adopting resolution is attached hereto.